Facing an OVWI charge in Indiana can be overwhelming, especially if you refused a chemical test. Many people mistakenly believe that refusing a breath or blood test will prevent the state from collecting evidence against them. However, under Indiana’s Implied Consent Law, simply driving in the state means you have already agreed to submit to chemical testing if law enforcement suspects intoxication. Refusing the test leads to an automatic license suspension—one year for a first refusal and two years for subsequent refusals—regardless of whether you are ultimately convicted of an OVWI. Additionally, police can often obtain a warrant for a blood draw, meaning they may still collect evidence against you despite your refusal.
If you have already refused a chemical test, there may still be legal options to challenge the suspension, depending on the county where your case is handled. Some counties may allow negotiations to reduce or dismiss the penalties, while others strictly enforce the suspension. An experienced OVWI attorney can help by challenging the legality of the traffic stop, questioning the officer’s probable cause, and negotiating for specialized driving privileges so you can continue working or attending school. Given the serious consequences of an OVWI charge and refusal suspension, seeking legal guidance as soon as possible is crucial. If you or a loved one is facing these charges, contacting a knowledgeable DUI/OVWI attorney can make a significant difference in the outcome of your case.